The Soapbox

4thYear5th

Joined: 09/29/2013 Posts: 26
Likes: 6


Appreciate the response, but continue to believe you are


Thinking about this incorrectly.

For starters, we interpret the purpose of Article 1 section 8 very differently. "Originalism" is a means of defending political preferences that have nothing to do with the Constitution, so I wouldn't associate with that word. I would say that the federal government is one of enumerated powers, and so any effort to defend a new category of regulation should bear the burden of proving that authority to regulate actually exists. Vague reference to 1.8 is a weak showing along those lines, in my view, but not any different than the unlimited authority grant that the Court has provided the other branches under the commerce clause for a very long time. I think that approach is wrong and creates severe issues in our country. Reasonable people can disagree on this, and I suppose we fall into different camps.

Most businesses operate locally and serve local constituencies only. Of course they leverage vendors and suppliers who operate nationally -- why would they not, if that is the best alternative? And yet, to me, it would be silly if my local car wash were subject to federal regulation because they purchase soap from a national distributor. Maybe I misunderstand the point you are trying to make, but I don't think your view is grounded in the reality of American business and regulation.

Generally, I do not think the commerce clause was intended to, or should be, read to include any thing or action simply because it is related to interstate commerce. Again, I suspect this is where we disagree. That's OK -- reasonable people disagree on stuff like this all the time. But your idea that more federal regulation is good for business makes it very hard to take you seriously.

Large states cannot impose their regulatory wills on all other states in the absence of a federal mandate. A business may choose to offer one, singular product in every state, and in doing so follow the highest standard in all states. But that is a choice. And a large incumbent making that choice opens the door to innovation by competitors. That is a good thing for business, not a bad thing.

(In response to this post by WahooRQ)

Posted: 06/23/2019 at 2:55PM



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